House of Lords Journal Volume 22: April 1724

April 1724

DIE Mercurii, 1^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Bayne versus Commissioners of forfeited Estates.

This Day the Answer of the Commissioners and Trustees for the forfeited Estates, to the Appeal of Alexander Bayne Advocate, was brought in.

Sussex and Surrey Roads, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for amending the Road from The Stones End, in Southwark, to Highgate, at the Entrance of Ashdown Forest, in the Parish of East Grinsted, in the County of Sussex, and from Kingston to Burton Common, and also the Lane leading from Wood Hatch to Sidlow Mill, and the Lanes called Horsehills, Bonehurst alias Boners, and Petridge Lanes, in the County of Surrey, by enlarging the Terms granted by Two former Acts, One of the Fourth, and the other of the Sixth Year of His Majesty's Reign."

Message from H. C. to return Sir G. Palmer's Bill.

A Message was brought from the House of Commons, by Mr. Curzon and others:

To return the Bill, intituled, "An Act to enable Sir Geffry Palmer Baronet and Robert Palmer Esquire, and the Survivor of them, together with Thomas Palmer Esquire, to convey and settle several Manors and Lands, in the Counties of Leicester, North'ton, and Lincoln;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Dean and Chapter of Dublin versus Regem, in Error.

The House being moved, "That a Day may be appointed, for arguing the Errors assigned upon a Writ of Error depending in this House, wherein the Dean and Chapter of the Cathedral Church of The Holy Trinity, in Dublin, are Plaintiffs, and the King is Defendant:"

It is Ordered, That this House will hear the said Errors argued, by Counsel, on both Sides, at the Bar, on Saturday the Eighteenth Day of this Instant April, at Eleven a Clock.

Dean of Dublin versus Abp. of Dublin, in Error.

The House being also moved, "That a Day may be appointed, for arguing the Errors assigned upon a Writ of Error depending in this House, wherein the Dean of the Cathedral Church of The Holy Trinity, in Dublin is Plaintiff, and the Archbishop of Dublin is Defendant:"

It is Ordered, That this House will hear the said Errors argued, by Counsel, on both Sides, at the Bar, on Tuesday the Twenty-first Day of this Instant April, at Eleven a Clock.

Cambridgeshire Road, Bill.

The Earl of Findlater reported from the Lords Committees to whom the Bill, intituled, "An Act for repairing the Roads leading from Stump Cross, in the Parish of Chesterford, in the County of Essex, to Newmarket Heath and the Town of Cambridge, in the County of Cambridge," was committed: "That they had gone through the said Bill, and directed him to report the same to the House, without any Amendment."

Col. Cosby versus Packenham.

The House being moved, on the Behalf of Robert Packenham Gentleman, Respondent to the Petition and Appeal of William Cosby Esquire, "That a Day may be appointed, for hearing thereof:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on the First free Day for Causes after those already appointed.

Lady Grey versus Callender:

After hearing Counsel, upon the Petition and Appeal of Dame Esther Gray Widow and Executrix of Sir James Gray Baronet her late Husband, deceased; complaining of several Interlocutory Sentences of the Lords of Session in Scotland, of the Eighteenth of January, the Eighth of February, One Thousand Seven Hundred Twenty-two Twenty-three, and Fifteenth of November last, made on the Behalf of Edward Callander; and praying, "That the same may be reversed:" As also upon the Answer of the said Edward Callander put in to the said Appeal; and due Consideration and Debate had of what was offered on either Side in this Cause:

Interlocutors reversed.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Interlocutor complained of in the said Appeal of the Fifteenth of November last, adhering to the Interlocutor of the said Lords of Session of the Eighteenth of January One Thousand Seven Hundred Twenty-two Twenty-three, be, and the same is hereby, reversed: And it is hereby Declared, That it is the Opinion of this House, That the Appellant, in Virtue of her Diligence, is entitled to proportionable Share with the Respondent, of the Personal Estate and Executry of James late Duke of Hamilton; and that the Appellant and the Respondent are preferable, and be paid, pari Passu, accordingly."

Message from H. C. to return Sir H. Atkins' Bill.

A Message was brought from the House of Commons, by Sir George Beaumont and others:

To return the Bill, intituled, "An Act to settle the Estate of Sir Henry Atkins Baronet, according to the Intention of Articles made before his Marriage with Dame Penelope his Wife Daughter of Sir John Stonhouse Baronet;" and to acquaint this House, that they have agreed to the said Bill, without any Amendment.

Atkins versus Henriques, in Error.

The House being moved, "That a Day may be appointed, for arguing the Errors assigned upon a Writ of Error depending in this House, wherein Robert Atkyns is Plaintiff, and Jacob Lopez Henriques is Defendant:"

It is Ordered, That this House will hear the said Errors argued, by Counsel on both Sides, at the Bar, the same Day the Errors are to be argued on the Writ of Error wherein the Dean of Dublin is Plaintiff, and the Archbishop of Dublin is Defendant.

Van Rixtel's Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act to naturalize John Van Rixtell."

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et et in diem Lunæ, decimum tertium diem instantis Aprilis, hora undecima Auroræ, Dominis sic decernentibus.

Die Mercurií, 25^o Novembris, 1724, hitherto examined by us,

Pomfret.
Jo. Norwich.
De Lawarr.

DIE Lunæ, 13^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Lightburne & Ux. versus Goddard.

This Day the Answer of Carleton Goddard Merchant, to the Appeal of Stafford Lightburne Clerk and Hannah his Wife, from certain Decrees of the Court of Exchequer in Ireland:

Lightburne & Ux. versus Goddard.

Also, the Answer of the said Carleton Goddard, to the Appeal of the said Stafford Lighthurne and his Wife, from certain Decrees of the Court of Chancery in Ireland;

Were brought in.

Duties on Coffee, &c. Bill.

A Message was brought from the House of Commons, by Mr. Farrer and others:

With a Bill, intituled, "An Act for repealing certain Duties therein mentioned, payable upon Coffee, Tea, Cocoa Nuts, Chocolate, and Cocoa Paste, imported; and for granting certain Inland Duties in Lieu thereof; and for prohibiting the Importation of Chocolate ready made, and Cocoa Paste; and for better ascertaining the Duties payable upon Coffee, Tea, and Cocoa Nuts, imported; and for granting Relief to Robert Dalzell late Earl of Carnwath;" to which they desire the Concurrence of this House.

Then the said Bill was read the First Time:

And ordered to be read a Second Time on Wednesday next; and that the Cause wherein William Burgh Esquire is Appellant, and Colthurst Langton Gentleman is Respondent, appointed for that Day, be heard on Friday next; and that the other Causes on Cause-days be removed One Cause-day in Course.

Message from H. C. with a Bill, and to return Paget's Bill, and Knight's Bill.

A Message was brought from the House of Commons, by the Lord William Pawlett and others:

To return the Bill, intituled, "An Act for allowing to Thomas Pagett Esquire, out of Fourteen Thousand Pounds vested in Trustees by an Act of Parliament for Sale of his Wife's Estate, the Sum of Four Thousand Pounds, upon the Considerations therein mentioned;" and to acquaint this House, that they have agreed to the said Bill, without any Amendment.

A Message was brought from the House of Commons, by the Lord Gage and others:

With a Bill, intituled, "An Act for Relief of Insolvent Debtors;" to which they desire the Concurrence of this House.

A Message was brought from the House of Commons, by Mr. Wylde and others:

To return the Bill, intituled, "An Act for explaining the Will of Jacob Knight Esquire deceased; and charging his Fee Simple Estates with Two Thousand Pounds, and Interest, for the Portion of his Son Charles Knight;" and to acquaint this House, that they have agreed to the said Bill, without any Amendment.

E of Deloraine takes the Oaths.

This Day Henry Earl of Deloraine took the Oaths, and made and subscribed the Declaration, and also took and sabscribed the Oath of Abjuration, pursuant to the Statutes; his Lordship having first delivered a Certificate of his receiving the Sacrament, to the Truth whereof Witnesses were sworn and examined.

Causes on Bye days put off.

Whereas To-morrow is appointed, for hearing the Cause wherein Anne Lady Teynham is Appellant, and Dacre Barret Lennard Esquire is Respondent:

It is Ordered, That the Hearing the said Cause be adjourned till Thursday next; and that the other Causes on Bye-days be removed in Course; and that the House be put into a Committee, on the Bill for better viewing, searching, and examining of Medicines, To-morrow, at Twelve a Clock; and the Lords to be summoned.

Howe's Bill.

The Earl of Berkshire reported from the Lords Committees to whom the Bill, intituled, "An Act to enable John Howe of Stowell in the County of Gloucester Esquire, to sell the Manor or Lordship of Ellerton, alias Ellerton upon Swale, and all other his Lands and Hereditaments in the County of York, comprized in his Marriage Settlement; he having settled other Lands and Hereditaments, in the County of Gloucester, of greater Value, to the same Uses, in Lieu thereof," was committed: "That they had considered the said Bill, and found the Allegations thereof to be true; that the Parties concerned had given their Consents; and that the Committee had gone through the Bill, and made some Amendments thereunto."

Which were read Twice, and agreed to.

Ordered, That the Bill, with the Amendments, be engrossed.

Message from H. C. with a Bill.

A Message was brought from the House of Commons, by Mr. Scroop and others:

With a Bill, intituled, "An Act to prevent Multiplicity of Prosecutions upon an Act made in the Eleventh and Twelfth Years of the Reign of His late Majesty King William the Third, intituled, "An Act for the more effectual employing the Poor, by encouraging the Manufactures of this Kingdom;" to which they desire the Concurrence of this House.

Then the said Bill was read the First Time.

Kennedies versus Mac Dowall:

After hearing Counsel, upon the Petition and Appeal of Margaret, Agnes, Mary, Marion, and Janet Kennedies, Heirs Portioners of the deceased Alexander Kennedy of Glenour their Brother, and their respective Husbands, for their Interests; complaining of Two Interlocutors of the Lords of Session in Scotland, of the Twenty-sixth of November and Twentieth of December last, made on the Behalf of Alexander Mac Dowall of Garthland Esquire; and praying, "That the same may be reversed:" As also upon the Answer of the said Alexander Mac Dowoll put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Interlocutors affirmed, with Costs.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal be, and is hereby, dismissed this House; and that the Interlocutors therein complained of be, and the same are hereby, affirmed: And it is further Ordered, That the Appellants do pay, or cause to be paid, to the said Respondent, the Sum of Twenty Pounds, for his Costs in respect of the said Appeal.

Surry and Sussex Roads, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for amending the Roads from The Stones End, in Southwark, to Highgate, at the Entrance of Ashdown Forest, in the Parish of East Grinsted, in the County of Sussex; and from Kingston to Burton Common, and also the Lane leading from Wood Hatch to Sidlow Mill, and the Lanes called Horsehills, Boneburst alias Boners, and Petridge Lanes, in the County of Surrey, by enlarging the Terms granted by Two former Acts, One of the Fourth, and the other of the Sixth Year of His Majesty's Reign."

Ordered, That the said Bill be committed to the Consideration of the Lords following; (videlicet,)

Their Lordships, or any Five of them; to meet on Wednesday next, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Schaart to be added to Van Rixtel's Nat. Bill.

Upon reading the Petition of Ludolff Schaart; praying to be added to the Bill, intituled, "An Act to naturalize John Van Rixtell:"

It is Ordered, That the said Petition do lie on the Table till the said Bill be read a Second Time.

Wern's Nat. Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to naturalize John Wern."

Ordered, That the said Bill be committed to the Consideration of the Lords Committees abovenamed:

Their Lordships, or any Five of them; to meet also on Wednesday next, at the same Place; and to adjourn as they please.

Schaart takes the Oaths.

Ludolff Schaart took the Oaths appointed, in order to his Naturalization.

Van Rixtel's Nat. Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to naturalize John Van Rixtell."

Ordered, That the said Bill be committed to the Consideration of the Lords Committees before named:

Their Lordships, or any Five of them; to meet also on Wednesday next, at the same Place; and to adjourn as they please:

And that the Petition of Ludolff Schaart, praying to be added to the said Bill, which was ordered to lie on the Table till the Second Reading thereof, be referred to the said Committee.

Cambridge Roads, to repair, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for repairing the Roads leading from Stump Cross, in the Parish of Chesterford, in the County of Essex, to Newmarket Heath and the Town of Cambridge, in the County of Cambridge."

The Question was put, "Whether this Bill shall pass?"

It was Resolved in the Affirmative.

Message to H. C. that the Lords have agreed to it.

A Message was sert to the House of Commons, by Mr. Holford and Mr. Bennet Junior:

To acquaint them, that the Lords have agreed to the said Bill, without any Amendment.

Paterson versus Cockburn, to answer peremptorily.

Upon reading the Petition of Alexander Hamilton Gentleman, Agent for Thomas Paterson Esquire, Appellant in a Cause depending in this House to which Charles Cockburn Gentleman is Respondent; setting forth, That, upon reading the said Appeal, the Third of March last, the said Respondent was ordered to put in his Answer thereunto on or before the Thirty-first of the said Month; which he has neglected to do, though duly served with the said Order for that Purpose:"

And thereupon an Affidavit, made by Samuel Cathcart Writer in Edinburgh, of the said Service, being read:

It is Ordered, That the said Respondent do peremptorily put in his Answer to the said Appeal on or before this Day Sevennight.

Paterson versus Murray.

Upon reading the Petition of the said Alexander Hamilton, Agent for the said Thomas Paterson, Appellant in a Cause depending in this House, to which Archibald Ogilvie Esquire and Anthony Murray Gentleman are Respondents; setting forth, "That, upon reading the said Appeal the Eighteenth of February last, the said Respondents were ordered to put in their Answer or respective Answers thereunto, on or before the Fourteenth of March following; which the Respondent Murray has neglected to do, though duly served with the said Order for that Purpose;" and praying, That the said Murray may peremptorily put in his Answer to the said Appeal; or that the same may be heard, as to him, ex Parte:"

And thereupon an Affidavit, made by Samuel Cathcart Writer in Edinburgh, of the said Service, being read:

It is Ordered, That the said Anthony Murray do peremptorily put in his Answer to the said Appeal on or before Friday next.

Continuing Laws, Bill.

Whereas Monday last was Sevennight was appointed, for the House to be in a Committee upon the Bill, intituled, "An Act for continuing Acts for preventing Theft and Rapine upon the Northern Borders of England; and for better regulating of Pilots; and for regulating the Price and Assize of Bread; and for better Encouragement of the making of Sail Cloth in Great Britain:"

It is Ordered, That this House be put into a Committee upon the said Bill, To-morrow.

Manufactuing Serges in Scotland, Bill.

Whereas Tuesday last was Sevennight was appointed, for the House to be in a Committee upon the Bill, intituled, "An Act to explain and amend an Act passed in the Sixth Year of His Majesty's Reign, intituled, "An Act for ascertaining the Breadths, and preventing Frauds and Abuses, in manufacturing Serges, Plaidings, and Fingrums; and for regulating the Manufactures of Stockings in that Part of Great Britain called Scotland, so far as the same relates to Serges:"

It is Ordered, That this House be put into a Committee upon the said Bill, To-morrow.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, decimum quartum diem instantis Aprilis, hora undecima Auroræ, Dominis sic decernentibus.

DIE Martis, 14^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Eyre & al. versus Gerald Burke.

This Day the Answer of Gerald Burke Esquire, to the Appeal of Edward Eyre, Nicholas Darcy, and Dennis Daly Esquires, was brought in.

Viewing and searching of Medicines, Bill; Instruction to Committee.

Ordered, That it be an Instruction to the Committee of the whole House to whom the Bill for better viewing, searching, and examining of Medicines, stands committed, "That they be empowered to receive a Clause, to make the like Provision for the University of Oxford, as is in the Bill with respect to the University of Cambridge."

How's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable John Howe of Stowell in the County of Gloucester Esquire to sell the Manor or Lordship of Ellerton, alias Ellerton upon Swale, and all other his Lands and Hereditaments in the County of York, comprized in his Marriage Settlement; he having settled other Lands and Hereditaments, in the County of Gloucester, of greater Value, to the same Uses, in Lieu thereof."

The Question was put, "Whether this Bill shall pass?"

It was Resolved in the Affirmative.

Message to H. C. with it.

A Message was sent to the House of Commons, by Mr. Holford and Mr. Bennet Junior:

To carry down the said Bill, and desire their Concurrence thereunto.

Brand versus Sir Alexander Cuming:

The House being informed, "That Sir Alexander Cumming Baronet, who, by Order of this House of the Fourteenth of March last, was required to put in his Answer to the Appeal of Thomas Brand of London Goldsmith, on or before Saturday the Eleventh Day of this Instant April, has neglected so to do, though duly served with the said Order for that Purpose:"

And thereupon an Affidavit, made by Alexander Purdie Writer in Edinburgh, of the said Service, being read:

To answer peremptorily.

It is Ordered, That the said Respondent do peremptorily put in his Answer to the said Appeal on or before this Day Sevennight.

Manufacturing Serges in Scotland, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to explain and amend an Act passed in the Sixth Year of His Majesty's Reign, intituled, an Act for ascertaining the Breadths, and preventing Frauds and Abuses in manufacturing Serges, Plaidings, and Fingrums; and for regulating the Manufactures of Stockings in that Part of Great Britain called Scotland, so far as the same relates to Serges."

And, after some Time spent therein, the House was resumed.

And the Lord Delawarr reported from the said Committee, "That they had gone through the said Bill; and directed him to report the same to the House, without any Amendment."

Insolvent Debtors Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for Relief of Insolvent Debtors."

Ordered, That the said Bill be read a Second Time on Saturday next; and that the Judges have Copies thereof in the mean Time, and do then attend.

Bye-laws of College of Physicians to be laid before the House:

Ordered, That the Bye laws of the College of Physicians be forthwith laid before this House.

Instruction to Committee on the following Bill.

Ordered, That it be an Instruction to the Committee of the whole House to whom the Bill for better viewing, searching, and examining of Medicines, stands committed, "That they be empowered to receive a Clause, or Clauses, allowing Persons practising Physic, who shall be censured for Offences in their Practice, to appeal from the Judgement of the Censors."

Viewing and searching of Medicines, Bill.

Then the House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for the better viewing, searching, and examining, all Drugs, Medicines, Waters, Oils, Compositions used or to be used for Medicines, in all Places where the same shall be exposed to Sale, or kept for that Purpose, within the City of London and Suburbs thereof, or within Seven Miles Circuit of the said City; and also for the providing a Remedy for the President and College of Physicians in London to have the Bodies of Persons executed for Felony or other Offences within the City of London or Counties of Middlesex or Surrey, according to the Charters therein mentioned; and for the better enabling the Faculty of Physic in the University of Cambridge to take the Bodies of Persons executed for Felony and other Crimes in the Counties of Cambridge and Huntington, for Anatomical Dissections."

And, after some Time spent therein, the House was resumed.

And the Lord Delawarr reported from the said Committee, "That they had gone through the Bill, and made several Amendments thereunto; which he was directed to report, when the House will please to receive the same."

Ordered, That the said Report be received Tomorrow; and the Lords to be summoned.

Continuing Laws, Bill.

The Order of the Day being read, for the House to be in a Committee upon the Bill, intituled, "An Act for continuing Acts for preventing Theft and Rapine upon the Northern Borders of England; and for better regulating of Pilots; and for regulating the Price and Assize of Bread; and for better Encouragement of the making Sail Cloth in Great Britain:"

It is Ordered, That this House be put into a Committee thereupon, To-morrow.

Prosecutions about East India Silks, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to prevent Multiplicity of Prosecutions upon an Act made in the Eleventh and Twelfth Years of the Reign of His late Majesty King William the Third, intituled, An Act for the more effectual employing the Poor, by encouraging the Manufactures of this Kingdom."

Ordered, That the said Bill be committed to a Committee of the whole House, To-morrow.

Adjourn.

Dominus Cancellarius declaravit præsents Parliamentum continuandum esse usque ad et in diem Mercurii, decimum quintum diem instantis Aprilis, hora undecima Auroræ, Dominis sic decernentibus.

DIE Mercurii, 15^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Commissioners forfeited Estates versus Preston.

This Day the Answer of John Preston, Son of the late Sir John Preston, to the Appeal of the Commissioners and Trustees of the forfeited Estates in Scotland, was brought in.

Surrey and Sussex Roads, Bill.

The Earl of Findlater reported from the Lords Committees to whom the Bill, intituled, "An Act for amending the Roads from The Stones End in Southwark, to Highgate, at the Entrance of Ashdown Forest, in the Parish of East Grinsted, in the County of Sussex, and from Kingston to Burton Common, and also the Lane leading from Wood Hatch to Sidlow Mill, and the Lanes called Horsehills, Bonchurst alias Boners, and Petridge Lanes, in the County of Surrey, by enlarging the Terms granted by Two former Acts, one of the Fourth, and the other of the Sixth Year of His Majesty's Reign," was committed: "That they had gone through the said Bill; and directed him to report the same to the House, without any Amendment."

Wern's Nat. Bill.

The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act to naturalize John Wern," was committed: "That they had gone through the said Bill; and directed him to report the same to the House, without any Amendment."

Van Rixtell's Nat. Bill.

The Lord Delawarr also reported from the Lords Committees to whom the Bill, intituled, "An Act to naturalize John Van Rixtell," was committed: "That they had gone through the said Bill, and made some Amendments thereunto."

Which were read Twice, and agreed to.

Duties on Coffee, &c. Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for repealing certain Duties therein mentioned, payable upon Coffee, Tea, Cocoa-nuts, Chocolate, and Cocoa Paste; imported, and for granting certain Inland Duties in Lieu thereof; and for prohibiting the Importation of Chocolate ready made, and Cocoa Paste; and for better ascertaining the Duties payable upon Coffee, Tea, and Cocoa-nuts, imported; and for granting Relief to Robert Dalzell late Earl of Carnwath."

Ordered, That the said Bill be committed to a Committee of the whole House, presently.

Then the House was adjourned during Pleasure, and put into a Committee upon the said Bill.

And, after some Time spent therein, the House was resumed.

And the Lord Delawarr reported from the said Committee, "That they had gone through the said Bill; and directed him to report the same to the House, without any Amendment."

Ordered, That the said Bill be read the Third Time on Saturday next.

Vis. Falmouth and Mr. Edgcomb to take the Oaths in England, Bill.

A Message was brought from the House of Commons, by Mr. Strickland and others:

With a Bill, intituled, "An Act to enable Hugh Viscount Falmouth and Richard Edgcumbe Esquire to take, in Great Britain, the Oath of Office, as Vice Treasurer and Receiver General and Paymaster General of all His Majesty's Revenues in the Kingdom of Ireland; and to qualify themselves for the Enjoyment of the said Offices;" to which they desire the Concurrence of this House.

Then the said Bill was read the First Time.

Message from H. C. to return the Bill concerning the Trial and Admission of the Lords of Session.

A Message was brought from the House of Commons, by Mr. Onslow and others:

To return the Bill, intituled, "An Act for explaining the Law concerning the Trial and Admission of the Ordinary Lords of Session;" and to acquaint this House, that they have agreed to the same, with some Amendments; to which they desire the Concurrence of this House.

Then the said Amendments, being read Thrice, were agreed to.

And a Message was sent to the House of Commons, by Mr. Godfrey and Mr. Bennet Junior, to acquaint them therewith.

Viewing and searching of Medicines, Bill.

The Lord Delawarr (according to Order) reported from the Committee of the whole House to whom the Bill, intituled, "An Act for the better viewing, searching, and examining, all Drugs, Medicines, Waters, Oils, Compositions used or to be used for Medicines, in all Places where the same shall be exposed to Sale, or kept for that Purpose, within the City of London and Suburbs thereof, or within Seven Miles Circuit of the said City; and also for the providing a Remedy for the President and College of Physicians in London to have the Bodies of Persons executed for Felony or other Offences within the City of London or Counties of Middlesex or Surrey, according to the Charters therein mentioned; and for the better enabling the Faculty of Physic in the University of Cambridge to take the Bodies of Persons executed for Felony and other Crimes in the Counties of Cambridge and Huntington, for Anatomical Dissections," was committed, the Amendments made by the Committee to the said Bill, as follow:

"6 Press, 29 Line. After ["notwithstanding"], insert Clause marked (A).

"Clause (A). Provided always, and be it further Enacted, by the Authority aforesaid, That if the said Censors for the Time being, or any Three of them, shall at any Time hereafter adjudge any Medicines, Drugs, Waters, Oils, or Compositions, to be defective, corrupted, or decayed, and not meet to be administered or used in Medicine for the Health of Man's Body; and the Person or Persons, or any of them, in whose House, Shop, Warehouse, or Room, the same shall be found, or in his and their Absence, the Person having the Custody and chief Care thereof shall, before the burning or destroying thereof, insist that the same ought not to be burnt or destroyed; and shall forthwith, by Writing under his or their Hand or Hands, appeal to, and desire the Judgement of, the President and Fellows of the said College or Commonalty of the Faculty of Physic in London for the Time being thereupon; then, and in such Case, the said Censors then present, or any Three of them, shall and may cause all the Medicines, Drugs, Waters, Oils, and Compositions, so condemned, together with the Pots, Glasses, or other Vessels, in which the same shall be contained at that Time, and the Reasons, in Writing, for condemning thereof, subscribed by the Censors condemning the same, to be put into a Box, which shall be then and there sealed up, with the respective Seals of Three of the said Censors, and of the Person or Persons so insisting, if such Person or Persons shall think fit to put his or their Seal thereto; which Box, so sealed, the said Censors for the Time being shall cause to be forthwith carefully conveyed to the House or Place called The College of Physicians, in London, and there kept until the next assembling of the President or Vice President and Fellows, for the Time being, of the said College or Corporation of the Faculty of Physic; which Assembly the said Censors shall procure to be summoned in the usual Manner of summoning such Assemblies, and to be held at the said College within Fourteen Days next after every such Box shall be so sealed up at the farthest, and so soon as that none of the said Medicines or other Things thereinto put, if then good, may decay in the mean Time; and Notice, in Writing, of such Assembly, to be given or left, to or for the Person or Persons by or for whom such Appeal was made, at the Place where such Medicines, Drugs, Waters, Oils, or Compositions, were found, Two Days before the Meeting thereof, that he or they may attend the same, if he or they shall think fit; and the said President or Vice President and Fellows, for the Time being, who shall be so assembled at such College, not being less in Number than Twelve, ex clusive of the Censors from whose Judgement such Appeal shall be made, shall be, and are hereby, authorized to open such Box, from Time to Time, in the Presence of the Person or Persons by or for whom such Appeal was made as aforesaid, if he or they shall there appear; and, in Default of his or their Appearance, due Notice having been given as aforesaid, then without him or them; and to examine and finally determine concerning such Medicines, Drugs, Waters, Oils, and Compositions, contained therein: And if the said President or Vice President and Fellows, for the Time being, who shall be so assembled, not being less in Number than as aforesaid, or the major Part of them, shall, upon such Examination, confirm the Judgement of the said Censors, or such Three of them as aforesaid, then the said Censors for the Time being shall cause all such Medicines, Drugs, Waters, Oils, and Compositions, so condemned, and the Vessels containing the same, to be burnt or destroyed, before the Doors of the Person or Persons in whose House, Shop, Warehouse, or Room, the same were found, in such public Manner, and at such Time, as the said Censors for the Time being, or any Three of them, shall think fit and direct; and if the said President or Vice President and Fellows, for the Time being, who shall be so assembled, not being less in Number than as aforesaid, or the major Part of them, shall not, within Fourteen Days at farthest, after such Appeal, upon such Examination, confirm the Judgement of the said Censors, or such Three of them as aforesaid, then such Censors shall, immediately after such Examination, cause the said Medicines, Drugs, Waters, Oils, and Compositions, which were so sealed up, or so much thereof as shall remain not wasted in such Examination thereof, with the Vessels containing the same, to be immediately and carefully returned to the House, Shop, Warehouse, or Room, where the same were found; any Thing in the said former Acts, or any of them, or before in this Act contained, to the contrary thereof, in any Wise notwithstanding.

"Last Line. Leave out from the Word ["Evidence"], to the End of the Bill; and add Clauses marked (B), (C), and (D).

"(B). Provided always, and be it further Enacted, by the Authority aforesaid, That nothing in this Act contained shall extend, or be construed to extend, to prejudice the Right, Title, Interest, and Property, granted to any Person or Persons, in and by any Letters Patents now in Force, for the sole making and vending any Medicine or Medicines, nor to empower the said President and Censors, with the Wardens of the Apothecaries Company, or any of them, to inspect into the Matter or Composition of any such Medicine or Medicines, or destroy the same, during the Continuance of such Letters Patents; any Thing in this Act contained to the contrary notwithstanding.

"(C). And whereas, as the Law now stands, there is no Provision made for reviewing or correcting any Judgements whatsoever, which the Censors of the said College for the Time being shall give, in the Exercise of the Power above recited to be contained in the Letters Patents aforesaid, for correcting and governing of all and every the Physicians of the said City, using the Faculty of Physic in the same City, and other Foreign Physicians whomsoever, in any Manner using and practising the Faculty of Physic within the same City and the Suburbs thereof, or within Seven Miles Circuit of the same City, and the punishing of them for their Offences in not well executing, practising, or using that Faculty; be it further Enacted, by the Authority aforesaid, That all and every Person or Persons, which shall at any Time hereafter be censured or judged by the Censors of the said College for the Time being, or be by them condemned to pay any Fine, or suffer Imprisonment, or undergo any other Punishment, for any Offence supposed to be committed by such Person or Persons, in not well executing, practising, or using that Faculty, shall and may, within the Space of Fourteen Days next after such Censure, Judgement, or Condemnation, or within Fourteen Days after his or their having Notice thereof, appeal from such Censure, Judgement, or Condemnation, to the President and Fellows of the said College, or Commonalty of the Faculty of Physic, by Writing under his and their Hand and Hands, delivered to the President or Vice President of the said College, or to the Censors, or any of them, desiring, by such Writing, the Judgement of the said President and Fellows, upon the Offence or Offences laid to his or their Charge; and such Appeal shall suspend the said Judgement and Condemnation, and the Execution thereof, and shall be heard at the said College, in an Assembly, duly summoned, of the said President or Vice President and Fellows, not being less in Number than Twelve, exclusive of the Censors from whose Judgement such Appeal shall be made, Notice thereof being duly given to the Person or Persons so appealing; and the Circumstances of the Case shall be then and there fully examined into and considered; and the Judgement of the said President or Vice President and Fellows, so assembled, or of the major Part of them, for affirming, reversing, or altering, such Judgement or Condemnation, shall be as final and conclusive, and be put in Execution in like Manner, as if the same had been at first given by the said Censors; and such Judgement or Condemnation, so appealed from, shall be of no Force, further or otherwise than as at shall be affirmed or approved, in all or in Part, by such final Judgement given upon such Appeal; any Thing in the said recited Letters Patents, or Acts of Parliament, or any of them, to the contrary hereof, in any Wife notwithstanding."

"(D). And be it further Enacted, by the Authority aforesaid, That the said several herein before recited Acts of Parliament, and also this present Act, shall be deemed and taken, and are hereby declared to be, public Acts, to all Intents and Purposes; and shall and ought to be judicially taken Notice of and allowed as such in all Courts within this Kingdom, by all Judges, Justices, and other Persons wharsoever, without special Pleading of the same, or any of them."

"In the Title of the Bill, leave out from the Word ["City"] to the End of the Title."

Which Amendments, being read Twice by the Clerk, were agreed to by the House.

Blake versus Sir Walter Blake & al.

The House being informed, "That Sir Walter Blake, Patrick French, and Walter Taylor, who, by Order of this House of the Twenty-seventh of January last, were required to put in their Answer or respective Answers to the Appeal of Thomas Blake Esquire on or before Monday the Second Day of March following, have neglected so to do, though duly served with the said Order for that Purpose:"

And thereupon John Burke was called in; and examined, upon Oath, at the Bar, touching the said Service.

And being withdrawn:

To answer peremptorily.

It is Ordered, That the said Respondents do peremptorily put in their Answer or respective Answers to the said Appeal in a Week.

Burke & Ux. versus O Brian.

The House being informed, "That Christopher O Brian, who, by Order of this House, of the Twenty-seventh of January last, was required to put in his Answer to the Appeal of Richard Burke Esquire and Elizabeth his Wife on or before Monday the Second Day of March following, has neglected so to do, though duly served with the said Order for that Purpose:"

And thereupon John Burke was called in; and examined, upon Oath, at the Bar, touching the said Service.

And being withdrawn:

To answer peremptorily.

It is Ordered, That the said Respondent do peremptorily put in his Answer to the said Appeal in a Week.

Theobald Burke & al. versus Lynch:

The House being informed, "That Thomas Lynch Esquire, who, by Order of this House, of the Twenty-seventh of January last, was required to put in his Answer to the Appeal of Theobald Burke and others on or before Monday the Second Day of March following, has neglected so to do, though duly served with the said Order for that Purpose:"

And thereupon John Burke was called in; and examined, upon Oath, at the Bar, touching the said Service.

And being withdrawn:

To answer peremptorily.

It is Ordered, That the said Respondent do peremptorily put in his Answer to the said Appeal in a Week.

Report Commissioners forfeited Estates in England, &c. delivered.

The House being informed, "That Mr. Turbill, Secretary to the Commissioners and Trustees for Sale of the forfeited Estates in England, attended:"

He was called in.

And delivered, at the Bar, the final Report of the Commissioners and Trustees appointed to execute the Trusts and Powers in England and Ireland, and elsewhere (except Scotland), contained in several Acts of Parliament, for appointing Commissioners to inquire of the Estates of certain Traitors, and of Popish Recusants, and of Estates given to Superstitious Uses, in order to raise Money out of them, severally, for the Use of the Public; and for vesting the forfeited Estates in Great Britain and Ireland in Trustees, to be sold, for the Use of the Public; and for giving Relief to lawful Creditors, by determining the Claims; and for the more effectual bringing into the respective Exchequers the Rents and Profits of the said Estates till sold.

And withdrew.

And the Title of the said Report was read.

Continuing Laws, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for continuing Acts for preventing Thest and Rapine upon the Northern Borders of England; and for better regulating of Pilots; and for regulating the Price and Assize of Bread; and for better Encouragement of the making of Sail Cloth in Great Britain."

And, after some Time spent therein, the House was resumed.

And the Lord Delawarr reported from the said Committee, "That they had gone through the Bill; and directed him to report the same to the House, without any Amendment."

Prosecutions about East India Silks, to prevent, Bill.

The House also (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to prevent Multiplicity of Prosecutions upon an Act made in the Eleventh and Twelfth Years of the Reign of His late Majesty King William the Third, intituled, An Act for the more effectual employing the Poor, by encouraging the Manufactures of this Kingdom."

And, after some Time spent therein, the House was resumed.

And the Lord Delawarr reported from the said Committee, "That they had gone through the Bill; and directed him to report the same to the House, without any Amendment."

Manufacturing Serges in Scotland, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to explain and amend an Act passed in the Sixth Year of His Majesty's Reign, intituled, An Act for ascertaining the Breadths, and preventing Frauds and Abuses in manufacturing Serges, Plaidings, and Fingrums; and for regulating the Manufactures of Stockings in that Part of Great Britain called Scotland, so far as the same relates to Serges."

The Question was put, "Whether this Bill shall pass?"

It was Resolved in the Affirmative.

Message to H. C. that the Lords have agreed to it.

A Message was sent to the House of Commons, by Mr. Godfrey and Mr. Bennet Junior:

To acquaint them, that the Lords have agreed to the said Bill, without any Amendment.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, decimum sextum diem instantis Aprilis, hora undecima Auroræ, Dominis sic decernentibus.

DIE Jovis, 16^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Prosecutions about East India Silks, to prevent, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to prevent Multiplicity of Prosecutions upon an Act made in the Eleventh and Twelfth Years of the Reign of His late Majesty King William the Third, intituled, An Act for the more effectual employing the Poor, by encouraging the Manufactures of this Kingdom."

The Question was put, "Whether this Bill shall pass?"

It was Resolved in the Affirmative.

Continuing Laws, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for continuing Acts for preventing Theft and Rapine upon the Northern Borders of England; and for better regulating of Pilots; and for regulating the Price and Assize of Bread; and for better Encouragement of the making of Sail Cloth in Great Britain."

The Question was put, "Whether this Bill shall pass?"

It was Resolved in the Affirmative.

Messages to H. C. that the Lords have agreed to the Two preceding Bills.

And Messages were severally sent to the House of Commons, by Mr. Conway and Mr. Bennet Junior:

To acquaint them, that the Lords have agreed to the said Bills, without any Amendment.

Viewing and searching of Medicines, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for the better viewing, searching, and examining, all Drugs, Medicines, Waters, Oils, Compositions used or to be used for Medicines, in all Places where the same shall be exposed to Sale, or kept for that Purpose, within the City of London and Suburbs thereof, or within Seven Miles Circuit of the said City; and also for the providing a Remedy for the President and College of Physicians in London to have the Bodies of Persons executed for Felony or other Offences within the City of London or Counties of Middlesex or Surrey, according to the Charters therein mentioned; and for the better enabling the Faculty of Physic in the University of Cambridge to take the Bodies of Persons executed for Felony and other Crimes in the Counties of Cambridge and Huntington, for Anatomical Dissections."

The Question was put, "Whether this Bill, with the Amendments, shall pass?"

It was Resolved in the Affirmative.

Message to H. C. with Amendments to it.

A Message was sent to the House of Commons, by Mr. Conway and Mr. Bennet Junior:

To return the said Bill; and acquaint them, that the Lords have agreed to the same, with some Amendments; whereunto their Lordships desire their Concurrence.

Lady Teynham versus Barrett Leanard:

After hearing Counsel, upon the Petition and Appeal of Anne Lady Teynham; complaining of Two Orders made by the Lord High Chancellor, the Twenty-first of December and Eighteenth of March last, upon the Petitions of Dacre Barrett Lennard Esquire and the said Lady Teynham, in relation to the Guardianship of Thomas Lennard Barrett, the Appellant's Son, an Infant of tender Years; and praying, "That the said Orders may be reversed; and that the Appellant may have the Care and Education of her said Son, under such Restrictions and Directions for his Education in the Protestant Religion as this House shall see sitting:" As also upon the Answer of the said Dacre Barrett Lennard put in to the said Appeal; and due Consideration and Debate had of what was offered on either Side in this Cause:

Orders reversed; and Respondent to have the Guardianship of the Infant.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Orders complained of in the said Appeal be, and the same are hereby, reversed: And it is hereby further Ordered, That the Respondent, the Grandfather of the said Infant, shall have the Guardianship of him; and that the Person of the said Infant be forthwith delivered by the Appellant to the Respondent, or such Person as he shall appoint to receive him; and further, that the Court of Chancery do give proper Directions in Pursuance of this Order.

Visc. Falmouth and Mr. Edgcumbe to take the Oaths in England, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable Hugh Viscount Falmouth and Richard Edgcumbe Esquire to take, in Great Britain, the Oath of Office, as Vice Treasurer and Receiver General and Paymaster General of all His Majesty's Revenues in the Kingdom of Ireland; and to qualify themselves for the Enjoyment of the said Offices."

Ordered, That the said Bill be committed to the Consideration of the Lords following; (videlicet,)

Their Lordships, or any Five of them; to meet To-morrow, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, decimum septimum diem instantis Aprilis, hora undecima Auroræ, Dominis sic decernentibus.

DIE Veneris, 17^o Aprilis

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Paterson versus Murray.

This Day the Answer of Anthony Murray Gentleman, One of the Respondents to the Appeal of Thomas Paterson Esquire, was brought in.

Bayne versus Commissioners forfeited Estates.

The House being moved, on the Behalf of the Commissioners and Trustees of the forfeited Estates, Respondents to the Petition and Appeal of Alexander Bayne Advocate, "That a Day may be appointed, for hearing thereof:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Saturday the Twenty-fifth Day of this Instant April, at Eleven a Clock.

Visc. Falmouth and Mr. Edgcumbe to take the Oaths, Bill.

The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act to enable Hugh Viscount Falmouth and Richard Edgcumbe Esquire to take, in Great Britain, the Oath of Office, as Vice Treasurer and Receiver General and Paymaster General of all His Majesty's Revenues in the Kingdom of Ireland, and to qualify themselves for the Enjoyment of the said Offices," was committed: That they had considered of the said Bill; and gone through the same, and directed him to report it to the House, without any Amendment."

Smith's Petition, in relation to the E. of Peterborough's Writ of Error, referred to Committee of Privileges.

A Petition of Sarah Smith Widow, Defendant in a Writ of Error returnable in Parliament, wherein Charles Earl of Peterborow is Plaintiff, was presented to the House, and read; setting forth, "That the said Earl, for Stay of Execution only of a Judgement in the Court of King's Bench, has got a Writ of Error allowed in the usual Form; but neglects to proceed thereon; and the Clerk of the Errors refuses to give a Rule for transcribing the Record, lest it be construed a Breach of Privilege;" and praying, "That this House will declare, the said Earl hath no Privilege in this Case:"

It is Ordered, That the said Petition be referred to the Consideration of the Lords Committees for Privileges; and that Notice thereof be forthwith given to the said Earl of Peterborow.

Thompson & al. versus Hathorn & al.:

The House was informed, "That an Agreement was concluded, between Dame Marjory Thompson Widow and others, Appellants in a Cause depending in this House, to which Hugh Hathorn and others are Respondents; and therefore the Appellants desire Leave to withdraw the said Appeal."

And thereupon Mr. Alexander Hamilton and Mr. Alexander Rosse, the Agents on either Side, being called in; and the Respondents Agent consenting to the Appellants Desire:

And being withdrawn:

Appeal withdrawn.

It is Ordered, That the Appellants have Leave to withdraw their said Appeal accordingly.

Burgh versus Langton:

After hearing Counsel, upon the Petition and Appeal of William Burgh Esquire; complaining of an Order of the Court of Exchequer in Ireland, of the Seventh of December One Thousand Seven Hundred Twentyone, and of a Decree of the said Court of the Twentythird of February last, in a Cause wherein Colthurst Langton Gentleman, Son and Heir of John Langton Gentleman, who was Son and Heir of John Langton Esquire deceased, was Plaintiff, and the Appellant Defendant; and praying, "That the same may be reversed, and the Plaintiff's Bill in the said Court stand dismissed, with Costs:" As also upon the Answer of the said Colthurst Langton put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Order and Decree affirmed.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal be, and is hereby, dismissed this House; and that the Order and Decree therein complained of be, and the same are hereby, affirmed.

Wern's Nat. Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to naturalize John Wern."

The Question was put, "Whether this Bill shall pass?"

It was Resolved in the Affirmative.

Message to H. C. that the Lords have agreed to it.

A Message was sent to the House of Commons, by Mr. Conway and Mr. Bennet Junior:

To acquaint them, that the Lords have agreed to the said Bill, without any Amendment.

Van Rixtell's Nat. Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to naturalize John Van Rixtell."

The Question was put, "Whether this Bill, with the Amendments, shall pass?"

It was Resolved in the Affirmative.

Message to H. C. with Amendments to it.

A Message was sent to the House of Commons, by Mr. Conway and Mr. Bennet Junior:

To return the said Bill; and acquaint them, that the Lords have agreed to the same, with some Amendments, whereunto their Lordships desire their Concurrence.

Surrey and Sussex Roads Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for amending the Roads from The Stones End in Southwark, to Highgate, at the Entrance of Ashdown Forest, in the Parish of East Grinsted, in the County of Sussex, and from Kingston to Burton Common; and also the Lane leading from Wood Hatch to Sidlow Mill and the Lanes called Horsehills, Bonehurst alias Boners, and Petridge Lanes, in the County of Surrey, by enlarging the Terms granted by Two former Acts, One of the Fourth, and the other of the Sixth Year of His Majesty's Reign."

The Question was put, "Whether this Bill shall pass?"

It was Resolved in the Affirmative.

Visc. Falmouth and Mr. Edgcumbe to take the Oaths in England, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable Hugh Viscount Falmouth and Richard Edgcumbe Esquire to take, in Great Britain, the Oath of Office as Vice Treasurer and Receiver General and Paymaster General of all His Majesty's Revenues in the Kingdom of Ireland; and to qualify themselves for the Enjoyment of the said Offices."

The Question was put, "Whether this Bill shall pass?"

It was Resolved in the Affirmative.

Message to H. C. that the Lords have agreed to the Two preceding Bills.

And Messages were severally sent to the House of Commons, by Mr. Conway and Mr. Bennet Junior:

To acquaint them, that the Lords have agreed to the Two last-mentioned Bills, without any Amendment.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Sabbati, decimum octavum diem instantis Aprilis, hora undecima Auroræ, Dominis sic decernentibus.

DIE Sabbati, 18^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Message from H. C. to return the Bill for viewing and searching Medicines, with Amendments.

A Message was brought from the House of Commons, by Mr. Plummer and others:

To return the Bill, intituled, "An Act for the better viewing, searching, and examining, all Drugs, Medicines, Waters, Oils, Compositions used or to be used for Medicines, in all Places where the same shall be exposed to Sale, or kept for that Purpose, within the City of London and Suburbs thereof, or within Seven Miles Circuit of the said City; and also for the providing a Remedy for the President and College of Physicians in London to have the Bodies of Persons executed for Felony or other Offences within the City of London or Counties of Middl'x or Surrey, according to the Charters therein mentioned; and for the better enabling the Faculty of Physic in the University of Cambridge to take the Bodies of Persons executed for Felony and other Crimes in the Counties of Cambridge and Huntington, for Anatomical Dissections;" and to acquaint this House, that they have agreed to the Amendments made by their Lordships to the said Bill, with an Amendment to One of the said Amendments; to which they desire the Concurrence of this House.

Then the House proceeded to take into Consideration the said Amendment.

And the same was read Thrice, and agreed to; and is as follows:

Amendments agreed to.

"At the End of Clause [D], add, ["And that this present Act shall continue in Force for the Term of Three Years, and from thence to the End of the then next Session of Parliament, and no longer."]

And a Message was sent to the House of Commons, by Mr. Conway and Mr. Kynaston, to acquaint them therewith.

Enlarging Times for Claims before S. S. Trustees Bill.

A Message was brought from the House of Commons, by Mr. Farrer and others:

With a Bill, intituled, "An Act for enlarging the Times for hearing and determining Claims by the Trustees for raising Money upon the Estates of the late Directors of the South Sea Company and others; and for reviving and continuing the Provision formerly made, against requiring Special Bail, in Actions or Suits upon Contracts for Stock or Subscriptions, between the First Day of December One Thousand Seven Hundred and Nineteen and the First Day of December One Thousand Seven Hundred and Twenty; and for other Purposes therein mentioned;" to which they desire the Concurrence of this House.

Then the said Bill was read the First Time.

Message from H. C. to return Appleton's Bill.

A Message was brought from the House of Commons, by the Lord William Pawlett and others:

To return the Bill, intituled, "An Act for vesting certain Copyhold Lands, in the County of Suffolk, late the Estate of Henry Appleton Esquire deceased, in Trust, to be sold, for Payment of his Children's Portions;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Messages from H. C. with a Bill; and to return Coulthurst's Bill, and Van Rixtell's Nat. Bill.

A Message was brought from the House of Commons, by Mr. Cary and others:

With a Bill, intituled, "An Act to enable George Dodington Esquire to take, in Great Britain, the Oaths of Office, as Writer of the Tallies and Counter Tallies, and Clerk of the Pells, in the Receipt of the Exchequer in the Kingdom of Ireland; and to qualify himself for the Enjoyment of the said Offices;" to which they desire the Concurrence of this House.

A Message was brought from the House of Commons, by Mr. Trenchard and others:

To return the Bill, intituled, "An Act for vesting the Manor of Coniston Cold, in the County of York, and other Lands and Tenements therein mentioned, in Trustees, to be sold, for Payment of the Debts of Henry Coulthurst Esquire; and for other Purposes therein mentioned;" and to acquaint this House, that they have agreed to the said Bill, without any Amendment.

A Message was brought from the House of Commons, by Mr. Elton and others:

To return the Bill, intituled, "An Act to naturalize John Van Rixtell;" and to acquaint this House, that they have agreed to their Lordships Amendments made to the said Bill.

Duties on Coffee, Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for repealing certain Duties therein mentioned, payable upon Coffee, Tea, Cocoa Nuts, Chocolate, and Cocoa Paste, imported; and for granting certain Inland Duties in Lieu thereof; and for prohibiting the Importation of Chocolate ready made, and Cocoa Paste; and for better ascertaining the Duties payable upon Coffee, Tea, and Cocoa Nuts, imported; and for granting Relief to Robert Dalzell late Earl of Carnwath."

The Question was put, "Whether this Bill shall pass?"

It was Resolved in the Affirmative.

Message to H. C. that the Lords have agreed to it.

A Message was sent to the House of Commons, by Mr. Conway and Mr. Kynasion:

To acquaint them, that the Lords have agreed to the said Bill, without any Amendment.

Hamilton versus Hamilton & al.:

This Day being appointed, to hear Counsel, upon the Petition and Appeal of James Hamilton of Dalzell Esquire; complaining of several Interlocutors of the Lords of Session in Scotland, of the Twenty-eighth and Twenty-ninth of January, the Twelfth and Twenty-fifth of February One Thousand Seven Hundred and TwelveThirteen, the Twenty-second and Eleventh of February One Thousand Seven Hundred and Thirteen-Fourteen, the Tenth of June One Thousand Seven Hundred and Fourteen, the Twenty-first of January and Eleventh of February One Thousand Seven Hundred and Fourteen-Fifteen, the Twelfth of July One Thousand Seven Hundred and Fifteen, the Fifteenth of June, Seventh of July, and Twenty-second and Twenty-ninth of December, One Thousand Seven Hundred and Sixteen, and the Third and Tenth of January next following; and praying, "That the same may be reversed:" As also upon the several Answers of James Hamilton Writer in Edinburgh, Brother to the deceased William Hamilton of Orbistoun, and of Colonel Francis Charteris and Robert Panton Merchant, Two of the Creditors of James Hamilton, Son to the said William Hamilton.

Counsel accordingly were called in, to be heard.

And Counsel appearing only for the Appellant;

They were fully heard.

And due Consideration had of what was by them offered:

And this Cause having been formerly set down to be heard ex Parte, in Default of any Answer of the Respondents, or any of them, after a peremptory Day appointed for that Purpose; and the Respondents having been after that so far indulged, as to have the Cause put off to a further Day, with Liberty for them to be then heard, and, in order thereto, to put in their Answer to the said Appeal; and yet this Day not appearing, but deserting their Defence and Opposition to the said Appeal:

Interlocutors reversed.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said several Interlocutors complained of in the said Appeal be, and the same are hereby, reversed: And it is hereby Declared, That it is the Opinion of this House, That the said William Hamilton, Elder Brother of James Hamilton the Respondent, was, in Virtue of the Disposition from Walkinshaw, in the Pleadings mentioned, fully vested in the Fee and Property of the Estate of Orbistoun, without the Necessity of serving Heir to Sir James Hamilton his Father; and that the Two Dispositions made by the said William Hamilton, the Twentysixth of December One Thousand Seven Hundred and Eleven, in the Pleadings mentioned in Favour of the Appellant, were good and effectual Deeds; and the same are hereby established, subject to the true and lawful Debts of the said William Hamilton.

Insolvent Debtors Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for Relief of Insolvent Debtors."

And the Judges being heard in relation to the said Bill:

It is Ordered, That the said Bill be committed to a Committee of the whole House, on Wednesday next; and the Lords to be summoned, and the Judges to attend.

Mr. Dodington to take the Oaths, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act to enable George Dodington Esquire to take, in Great Britain, the Oaths of Office, as Writer of the Tallies and Counter Tallies, and Clerk of the Pells, in the Receipt of the Exchequer in the Kingdom of Ireland; and to qualify himself for the Enjoyment of the said Offices."

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, vicesimum diem instantis Aprilis, hora undecima Auroræ, Dominis sic decernentibus.

DIE Lunæ, 20^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Brand versus Sir Alexander Cumming.

This Day the Answer of Sir Alexander Cumming Baronet, to the Appeal of Thomas Brand, of London, Goldsmith:

Paterson versus Cockburne.

As also the Answer of Charles Cockburne Gentleman, to the Appeal of Thomas Paterson Esquire;

Were brought in.

Greenland Fishery, Bill.

A Message was brought from the House of Commons, by Mr. Farrer and others:

With a Bill, intituled, "An Act for encouraging the Greenland Fishery;" to which they desire the Concurrence of this House.

Then the said Bill was read the First Time.

Paterson versus Ogilvie and Murray:

After hearing Counsel, upon the Petition and Appeal of Thomas Paterson Esquire; complaining of Part of an Interlocutory Sentence, or Decree, of the Lords of Session in Scotland, made the First Day of February last, on the Behalf of Mr. Archibald Ogilvie and Mr. Anthony Murray; and praying, "That so much of the said Interlocutory Sentence as in the said Appeal is complained of may be reversed:" As also upon the Answers of the said Archibald Ogilvie and Anthony Murray put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Interlocutor in Part affirmed, with 40 l. Costs to the Respondent Ogilvie.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal be, and is hereby, dismissed this House; and that so much of the said Interlocutory Sentence, or Decree, as is therein complained of, be, and the same is hereby, affirmed: And it is further Ordered, That the Appellant do pay, or cause to be paid, to the Respondent Archibald Ogilvie, the Sum of Forty Pounds, for his Costs in respect of the said Appeal.

Dean and Chapter of Dublin versus The King, in Error:

Whereas To-morrow is appointed, for arguing the Errors assigned upon a Writ of Error depending in this House, wherein the Dean and Chapter of the Cathedral Church of The Holy Trinity in Dublin are Plaintiffs, and the King is Defendant:

Judges to attend.

It is Ordered, That the Judges do then attend.

Mr Dodington to take the Oaths in England, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable George Dodington Esquire to take, in Great Britain, the Oaths of Office, as Writer of the Tallies and Counter Tallies, and Clerk of the Pells, in the Receipt of the Exchequer in the Kingdom of Ireland; and to qualify himself for the Enjoyment of the said Offices."

Ordered, That the said Bill be committed to the Consideration of the Lords following; (videlicet,)

Their Lordships, or any Five of them; to meet To-morrow, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, vicesimum primum diem instantis Aprilis, hora undecima Auroræ, Dominis sic decernentibus.

DIE Martis, 21^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Mr. Dodington to take the Oaths in England, Bill.

The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act to enable George Dodington Esquire to take, in Great Britain, the Oaths of Office, as Writer of the Tallies and Counter Tallies, and Clerk of the Pells, in the Receipt of the Exchequer in the Kingdom of Ireland, and to qualify himself for the Enjoyment of the said Offices," was committed: "That they had considered of the said Bill, and gone through the same, and directed him to report it to the House, without any Amendment."

L. Falmouth's Privilego:

A Petition of Samuel Ennys of Truroe in the County of Cornwall Esquire, in Custody of the Serjeant at Arms attending this House, for a Breach of Privilege, in causing certain Dams and Head-wears to be pulled down, and thereby diverting the Water from working an Engine belonging to Hugh Viscount Falmouth, was presented to the House, and read; expressing his hearty Sorrow for his Offence, and humbly begging Pardon for the same; and praying to be discharged out of Custody, in such Manner as to the House shall seem meet:

Mr. Ennys to be brought to the Bar.

It is Ordered, That the Petitioner be brought to the Bar of this House To-morrow, in order to his Discharge.

Dean and Chapter of Dublin versus The King, in Error:

After hearing Counsel, to argue the Errors assigned upon the Writ of Error brought into this House the Fifth of February last, wherein the Dean and Chapter of the Cathedral Church of The Holy Trinity in Dublin are Plaintiffs, and the King Defendant, in order to reverse a Judgement given by the Court of King's Bench in England, upon a Writ of Error brought by the said Plaintiffs, for reversing a Judgement given by the Court of King's Bench in Ireland; and the unanimous Opinion of all the Judges present being delivered by the Lord Chief Baron, "That no Writ of Error will lie upon the Award of a peremptory Mandamus," with Reasons for the same; and due Consideration had of what was offered in this Case:

Judgement affirmed, with Costs.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Judgement given in the Court of King's Bench, quashing the Writ of Error returnable in the same Court, be, and the same is hereby, affirmed; and the Record to be remitted to the said Court of King's Bench in England: And it is further Ordered, That the said Plaintiffs do pay, or cause to be paid, the Sum of Five Pounds, for the Costs sustained by Reason of the bringing the said Writ of Error.

The Tenor of which Judgement, to be affixed to the Transcript of the Record to be remitted, follows:

"Sed quia Cur. Parliamenti præd. nunc hic de Judicio suo de et super Præmiss. reddend. nondum advisatur, Dies inde dat. est tam præfato Ph'o Yorke Militi, qui sequitur &c. quam præd. Decan. et Capit. Ecclesiæ Cathedral. Sanct. Trinitat. Dublin. coram dicto Domino Rege, in eadem Cur. Parliamenti apud Westm. usque Diem Martis, Vicesimum Primum Diem Aprilis, Anno Regni dicti Domini Regis Decimo superdicto, de Judicio suo inde audiend. eo quod Cur. Parliamenti præd. nunc hic inde nondum &c.; ad quem Diem, coram dicto Domino Rege, in eadem Cur. Parliamenti apud Westm. ven. tam præfat. Ph'us Yorke Miles, qui sequitur &c. quam præd. Decan. et (fn. 2) Capitul. Ecclesiæ Cathedral. S'c'æ Trinitat. Dublin. per Attorn. suum præd.; super quo, vis. et per Cur. Parliamenti præd. diligenter examinat. et plenius intellect. tam Record. et Process. præd. ac Judic. superinde reddit. quam præd. Causis pro Error. superius assign. et allegat. videtur Cur. Parliamenti præd. quod Record. ill. in nullo vitiosum seu defectivum existit, et quod in Record. et Process. præd. in nullo est Erratum: Ideo consideratum est per eandem Cur. Parliamenti, quod præd. Judicium per Cur. dicti Domini Regis coram ipso Rege apud Westm. reddit. in omnibus affirmetur, et in omni suo Robore stet et Effectu, dictis Causis pro Error. assign. in aliquo non obstant.; et ulterius cons. est, quod præd. Robertus Dougat recuperet versus præsat. Decan. et (fn. 3) Capitul. Ecclesiæ Cathedralis S'c'æ Trintat. Dublin. præd. Quinque Libras, pro Mis. et Custagiis suis per ipsum in hac Parte sustent. eidem Rob'to Dougat, per Cur. Parliamenti præd. juxta Formam Statuti in hujusmodi Casu edit. provis. (fn. 4) et adjudicat.; et quod idem Rob'tus habeat inde Executionem &c.; ac superinde Record. præd. & Process. præd. Cur. Parliamenti præd. per eandem Cur. Parliamenti Cur. dicti Domini Regis, coram ipso Rege, ubicunque &c. remittuntur, et in eadem Cur. dicti Domini Regis, coram ipso Rege, jam resident. &c."

Greenland Fishery, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for encouraging the Greenland Fishery."

Ordered, That the said Bill be committed to a Committee of the whole House, To-morrow.

Enlarging the Times for Claims before S. S. Trustees, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for enlarging the Times for hearing and determining Claims by the Trustees for raising Money upon the Estates of the late Directors of the South Sea Company and others; and for reviving and continuing the Provision formerly made, against requiring Special Bail, in Actions or Suits upon Contracts for Stock or Subscriptions, between the First Day of December One Thousand Seven Hundred and Nineteen, and the First Day of December One Thousand Seven Hundred and Twenty; and for other Purposes therein mentioned."

Ordered, That the said Bill be committed to a Committee of the whole House, To-morrow, the First Business; and the Bill last before mentioned the Second.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, vicesimum secundum diem instantis Aprilis, hora undecima Auroræ, Dominis sic decernentibus.

DIE Mercurii, 22^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

V. Kingsland versus Countess of Tyrconnell.

This Day the Answer of Frances Countess Dowager of Tyrconnell to the Appeal of Nicholas Viscount Kingsland:

Burke & Ux. versus O'Brien.

Also, the Answer of Christopher O Brien Esquire, to the Appeal of Richard Burke and Elizabeth his Wife;

Burke & al. versus Lyneh.

As also, the Answer of Thomas Lynch Esquire, to the Appeal of Theobald Burke, and others;

Were brought in.

Blake versus Sir W. Blake & al.:

The House being informed, "That John Hussex and John Burke attended, with several Pleadings and Proceedings to be made Use of on hearing the Cause wherein Thomas Blake Esquire is Appellant, and Sir Walter Blake and others are Respondents; and desired now to prove the same to be true Copies."

Pleadings proved.

They were thereupon called in; and delivered the said several Pleadings and Proceedings, with a List of them, at the Bar; and severally attested, upon Oath, That the same were true Copies, they having examined them with the Originals in the proper Offices in Ireland."

And then they withdrew.

L Falmouth's & Privilege Ennys discharged.

This Day Samuel Ennys of Truroe in the County of Cornwall Esquire, in Custody of the Serjeant at Arms attending this House, for a Breach of Privilege, was (according to the Order Yesterday) brought to the Bar by the said Serjeant; where he, on his Knees, receiving a Reprimand from the Lord Chancellor for his Offence, was discharged out of Custody, paying his Fees.

Enlarging the Times for Claims before South Sea Trustees, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for enlarging the Times for hearing and determining Claims by the Trustees for raising Money upon the Estates of the late Directors of the South Sea Company and others; and for reviving and continuing the Provision formerly made, against requiring Special Bail, in Actions or Suits upon Contracts for Stock or Subscriptions between the First Day of December One Thousand Seven Hundred and Nineteen and the First Day of December One Thousand Seven Hundred and Twenty; and for other Purposes therein mentioned."

And, after some Time spent therein, the House was resumed.

And the Lord Delawarr reported from the said Committee, "That they had gone through the said Bill, and directed him to report the same to the House, without any Amendment."

Greenland Fishery, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for encouraging the Greenland Fishery."

And, after some Time spent therein, the House was resumed.

And the Lord Delawarr reported from the said Committee, "That they had gone through the said Bill, and directed him to report the same to the House, without any Amendment."

Insolvent Debtors Bill.

The Order of the Day being read, for the House to be put into a Committee upon the Bill, intituled, An Act for Relief of Insolvent Debtors;" and for the Lords to be summoned, and Judges to attend:

It is Ordered, That the House be put into a Committee thereupon on this Day Sevennight.

Pakenham's Pet. to shorten the Time for hearing his Cause.

A Petition of Robert Pakenham Gentleman, Respondent to the Appeal of William Cosby Esquire, was presented, to the House, and read; praying, "That the Time for hearing the said Appeal, which stands for Monday next, may be shortened; or that he may proceed at Law to recover Judgement, as he might have done in case the said Appeal had not been received:"

It is Ordered, That the said Petition do lie on the Table.

Messages from H. C. to return Howe's Bill, and Bagenall's Bill.

A Message was brought from the House of Commons, by the Lord William Pawlett and others:

To return the Bill, intituled, "An Act to enable John Howe of Stowell in the County of Gloucester Esquire, to sell the Manor or Lordship of Ellerton, alias Ellerton upon Swale, and all other his Lands and Hereditaments in the County of York, comprized in his Marriage Settlement; he having settled other Lands and Hereditaments, in the County of Gloucester, of greater Value, to the same Uses, in Lieu thereof;" and to acquaint this House, that they have agreed to the same, without any Amendment.

A Message was brought from the House of Commons, by Mr. Burridge and others:

To return the Bill, intituled, "An Act for vesting the Estates of Walter Bagenal Esquire and his Two Daughters, in the Counties of Dublin and Meath, in the Kingdom of Ireland, in Trustees, to be sold, for Payment of the Debts charged thereupon, and raising Portions for the said Daughters;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Dean of Dublin versus Abp. of Dublin:

Whereas To-morrow is appointed for arguing the Errors assigned upon a Writ of Error depending in this House, wherein the Dean of the Cathedral Church of The Holy Trinity, in Dublin, is Plaintiff, and the Archbishop of Dublin is Defendant:

Judges to attend.

It is Ordered, That the Judges do then attend.

Sir W. Barker versus L. Barker & al.:

Whereas Friday next is appointed, for hearing the Cause wherein Sir William Barker Baronet is Appellant, and Letitia Barker, Darby Egan, and Thomas Ivers are Respondents:

Hearing adjourned till next Session.

It is Ordered, That the Hearing the said Cause be adjourned till next Session.

Farrell versus French et al.:

Whereas this Day was appointed, for hearing Counsel, upon the Petition and Appeal of James Farrell Esquire; complaining of a Decree, or Decretal Order, made in the Court of Exchequer in Ireland, the Sixth Day of July last, in a Cause wherein the Appellant was Plaintiff, and Sarah French, Arthur French Junior, Robert Shaw, and others, were Defendants; and praying, "That the same may be reversed:" As also upon the Answer of the said Arthur French and Robert Shaw put in to the said Appeal:

Counsel appearing for the Respondents, but no Counsel for the Appellant:

And the Respondents Counsel acquainting the House, That the Matters in Difference were accommodated; and that the Appellant had consented to the dismissing the said Appeal:"

And thereupon the Appellant's Agent, at the Bar, acknowledging the same:

They were directed to withdraw.

And being withdrawn:

Decree affirmed, by Consent.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal be, and is hereby, dismissed this House; and that the Decree, or Decretal Order, therein complained of, be, and the same is hereby, affirmed.

Mr. Doddington to take the Oaths in England, Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable George Dodington Esquire to take, in Great Britain, the Oaths of Office, as Writer of the Tallies and Counter Tallies, and Clerk of the Pells, in the Receipt of the Exchequer in the Kingdom of Ireland; and to qualify himself for the Enjoyment of the said Offices."

The Question was put, "Whether this Bill shall pass?"

It was Resolved in the Affirmative.

Message to H. C. that the Lords have agreed to it.

A Message was sent to the House of Commons, by Mr. Bennet and Mr. Godfrey:

To acquaint them, that the Lords have agreed to the said Bill, without any Amendment.

The House being informed, "That some Persons attended, with several Papers and Pleadings, in certain Causes on Appeals from Ireland; and desired now to prove the same to be true Copies:"

Saunderson versus Williams, Pleadings proved.

Thereupon Mr. Wall was called in: and delivered, at the Bar, several Papers, in the Cause wherein Robert Saunderson Esquire is Appellant, and Joseph Williams is Respondent; and attested, upon Oath, "That the same were true Copies; he having examined them with the Originals, in the proper Offices in Ireland."

And then he withdrew.

Burke et Ux. versus O'Brien, Pleadings proved.

Also George Claneby was called in; and delivered, at the Bar, several Papers, in the Cause wherein Richard Burke and Elizabeth his Wife are Appellants, and Christopher O Brien Esquire is Respondent; and attested, upon Oath, "That the same were true Copies he having examined them with the Originals, in the proper Offices in Ireland."

V. Kingsland versus Countess of Tyrconnell: Pleadings proved.

The said George Clanchy likewise delivered in, at the Bar, several Papers, in the Cause wherein Nicholas Viscount Kingsland is Appellant, and Frances Countess of Tyrconnell is Respondent; and attested, upon Oath, That the same were true Copies; he having examined them with the Originals, in the proper Offices in Ireland."

And then he withdrew.

Athyns versus Henriques, in Error:

Upon reading the Petition of Robert Atkyns Plaintiff, and Jacob Lopez Henriques Defendant, in a Writ of Error, appointed to be heard To-morrow; praying, "In regard the Matters in Question are settled and adjusted, and Satisfaction made thereon, that the said Writ of Error may be withdrawn:"

And thereupon the Agent for the Plaintiff, and the Defendant himself, appearing at the Bar:

And the said Agent attesting upon Oath, "That he saw the Plaintiff sign the said Petition:"

And the Defendant acknowledging his Consent to the Prayer thereof:

Plaintiff to enter a Nonpros.

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Plaintiff in the said Writ of Error do forthwith enter a Non pros. thereupon; and that the Record be remitted, to the End Execution may be had thereupon, as if no such Writ of Error had been brought into this House.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, vicesimum tertium diem instantis Aprilis, hora undecima Auroræ, Dominis sic decernentibus.

DIE Jovis, 23^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Blake versus Sir W. Blake et al.

This Day the Answer of Sir Walter Blake Baronet, Patrick French, and Walter Taylor Esquires, to the Appeal of Thomas Blake Esquire:

Also, the Answer of Elizabeth Swift and Dean Swift, Two of the Respondents to the Appeal of Stafford Lightburne Clerk, and Hannah his Wife, from certain Decrees of the Court of Exchequer in Ireland:

And likewise, the Answer of the said Elizabeth Swift and Dean Swift, to the Appeal of the said Stafford Lightburne Clerk and his Wife, from certain Decrees of the Court of Chancery in Ireland;

Were brought in.

Edgworth versus Giffard:

The House being informed, "That Thomas Giffard Esquire, who, by Order of this House of the Eleventh of March last, was required to put in his Answer to the Appeal of Edward Edgworth Esquire on or before Wednesday the Fifteenth Day of this Instant April, has neglected so to do, though duly served with the said Order for that Purpose."

And thereupon Arthur Geoghegan Esquire was called in, and examined, upon Oath, at the Bar, touching the said Service;

And being withdrawn:

To answer peremptorily.

It is Ordered, That the said Respondent do peremptorily put in his Answer to the said Appeal in a Week.

Enlarging the Times for Claims before South Sea Trustees, Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for enlarging the Times for hearing and determining Claims by the Trustees for raising Money upon the Estates of the late Directors of the South Sea Company and others; and for reviving and continuing the Provision formerly made, against requiring Special Bail in Actions or Suits upon Contracts for Stock or Subscriptions, between the First Day of December One Thousand Seven Hundred and Nineteen, and the First Day of December One Thousand Seven Hundred and Twenty; and for other Purposes therein mentioned."

The Question was put, "Whether this Bill shall pass?"

It was Resolved in the Affirmative.

Greenland Fishery Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for encouraging the Greenland Fishery."

The Question was put, "Whether this Bill shall pass?"

It was Resolved in the Affirmative.

Message to H. C. that the Lords have agreed to the Two preceding Bills.

And Messages were severally sent to the House of Commons, by Mr. Godfrey and Mr. Bennet Junior:

To acquaint them, that the Lords have agreed to the said Bills, without any Amendment.

Dean of Dublin versus Aop. of Dublin, in Error:

After hearing Counsel, to argue the Errors assigned upon the Writ of Error brought into this House the Twenty-seventh of February last, wherein the Dean of the Cathedral Church of The Holy Trinity in Dublin is Plaintiff, and the Archbishop of Dublin is Defendant, in order to reverse a Judgement given by the Court of King's Bench in England, in Affirmance of a Judgement in the Court of King's Bench in Ireland, in Affirmance of a Judgement in the Court of Common Pleas there, in a Prohibition: And the unanimous Opinion of all the Judges present being delivered by the Lord Chief Justice of the Court of King's Bench, as to a Point of Law to them proposed; and due Consideration had of what was offered in this Case:

Judgement affirmed, with Costs.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Judgement given in the Court of King's Bench in England, affirming a Judgement given in the Court of King's Bench in Ireland, which affirmed a Judgement given in the Court of Common Pleas there, be, and the same is hereby, affirmed; and the Record to be remitted to the said Court of King's Bench in England: And it is further Ordered, That the Plaintiff do pay, or cause to be paid, to the Defendant, the Sum of Sixty Pounds, for his Costs sustained by Reason of the bringing the said Writ of Error.

The Tenor of which Judgement, to be affixed to the Transcript of the Record to be remitted, follows:

"Sed quia Cur. Parliamenti præd. nunc hic do Judicio suo de & super Præmiss. reddend. nondum advisatur, Dies inde dat. est Partibus præd. coram dicto Domino Rege, in eadem Curia Parliamenti apud Westm. usque Diem Jovis, Vicesimum Tertium Diem Aprilis, Anno Regni dicti Domini Regis Decimo supradicto, de Judicio suo inde audiend. eo quod Cur. Parliamenti præd. nunc hic inde nondum &c.; ad quem Diem, coram dicto Domino Rege, in eadem Curia Parliamenti apud Westm. venerunt Partes præd. per Attornatos suos præd.; super quo, vis. & per Curiam Parliamenti præd. diligenter examinat. & plenius intellect. tam Record. & Process. præd. ac Judic. superinde reddit. necnon separal. Judic. Affirmation. ejusdem Judicii, quam præd. Causis pro Error. superius assign. et allegat. videtur Curiæ Parliamenti præd. quod Record. ill. in nullo vitiosum seu defectivum existit; et quod nec in Record. et Process. præd. nec in Redditione Judicii præd. in præd. Cur. de Communi Banco in Regno Hib'niæ præd. in Forma præd. reddit. nec in separal. Judiciis Affirmation. ejusdem Judicii in Forma præd. affirmat. in ullo est Errat.: Ideo cons. est per eandem Curiam Parliamenti, quod præd. Judic. in præd. Cur. de Communi Banco in Hibern. præd. in Forma præd. reddit. necnon præd. separal. Judic. Affirmation. ejusdem Judicii, in omnibus affirmentur, ac in omni suo Robore stent et Effectu, dictis Causis pro Error. assign. in aliquo non obstant.; et ulterius cons. est, quod præd. Will'us Archiepiscopus Dublin. recuperet versus præd. Welbore Darens. Episcopum, Decanum Ecclesiæ Cathedralis S'c'æ Trinitat. Dublin. præd. Sexagint. Libras eidem Will'o Archiepiscopo Dublin. per eandem Cur. Parliamenti, secundum Formam Statuti in hujusmodi Casu nuper edit. et provis. adjudicat. pro Dampnis, Mis. et Custag. suis, quæ sustinuit Occasione Dilationis Executionis Judicii præd. Prætextu Prosecutionis ult. Brevis de Error. præd.; et quod præd. Will'us Archiepiscopus Dublin. in præd. Curia ipsius Domini Regis, coram ipso Rege, in præd. Regno Hib'niæ præd habeat inde Executionem, juxta Formam et Effectum Judicii ill.; ac superinde Record. præd. et Process. præd. in eadem Curia Parliamenti per eandem Curiam Parliamenti, Cur. dicti Domini Regis, coram ipso Rege, ubicunque &c. remittuntur, et in eadem Curia dicti Domini Regis, coram ipso Rege apud Westm. jam resident. &c."

E. Suffolk's Privilege:

Complaint made to the House, and Oath made at the Bar, "That Walter Cockerell, a Bailiff, had arrested one Francis Wilson, a menial Servant of the Earl of Suffolk, within the Time of Privilege of Parliament, in Breach of the Privilege of this House; and that John Rose is the Attorney in the Action, who, being applied to, did refuse to consent to the Discharge of the said Servant:"

Wilson, his Servant, discharged, and Cockerell and Rose attached.

It is thereupon Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Francis Wilson be, upon Sight of this Order, discharged out of Custody; and that the Serjeant at Arms attending this House, his Deputy, or Deputies, do forthwith attach the Bodies of the said Walter Cockerell and John Rose, and bring them to this House, to answer for their said Offences; and this shall be a sufficient Warrant on that Behalf.

To Francis Jephson Esquire, Serjeant at Arms attending this House, his Deputy or Deputies, and every of them; and to all Mayors, Sheriffs, Undersheriffs, Headboroughs, Bailiffs, and all other Officers, to be aiding and assisting in the Execution hereof.

Pakenham's Pet. to shorten the Time for hearing his Cause.

The Petition of Robert Pakenham Gentleman, Respondent to the Appeal of William Cosby Esquire, praying, "That the Time for hearing the said Appeal, which stands for Monday next, may be shortened; or that he may proceed at Law, to recover Judgement, as he might have done in case the said Appeal had not been received;" which was Yesterday ordered to lie on the Table, was this Day again read.

And, Consideration had thereof, it is Ordered, That the further Consideration of the said Petition, be adjourned till To-morrow, at Twelve a Clock; and that Notice thereof be forthwith given to the said Appellant.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, vicesimum quartum diem instantis Aprilis, hora undecima Auroræ, Dominis sic decernentibus.

DIE Veneris, 24^o Aprilis:

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

PRAYERS.

Pakenham's Petition rejected.

The House (according to Order) proceeded to take into further Consideration, the Petition of Robert Pakenham Gentleman, Respondent to the Appeal of William Cosby Esquire; praying, "That the Time for hearing the said Appeal, which stands for Monday next, may be shortened; or that he may proceed at Law, to recover Judgement, as he might have done in case the said Appeal had not been received."

And the said Petition being again read:

The Agents on both Sides were called in; and heard in relation to the Matter of the said Petition.

And being withdrawn:

The Order of this House, of the Fourteenth of March 1718, on receiving the Appeal of Richard Viscount Castlemain, was read.

And, after Debate;

It was Ordered, That the said Petition be rejected.

Lightburne & Ux. to amend Appeals.

Upon reading the Petition of the Reverend Stafford Lightburne Clerk and Hannah his Wife, Appellants, complaining as well of Decrees of the Court of Chancery in Ireland, as of the Court of Exchequer in that Kingdom; to both which Appeals One Carleton Goddard was made a Respondent; setting forth, "That the said Respondent is dead; but, before his Decease, a Statute of Bankrupt was taken out against him; and the Assignee has put in Answers to the said Appeals, in his Name; and praying Leave to revive the said Suits, notwithstanding the said Appeals, that the said Causes may come regularly to a Hearing before this House; or that such other Order may be made in the Premises, as to their Lordships shall seem meet:"

It is Ordered, That the said Appeals be amended, by making the Executors, or Representatives, of the said Carleton Goddard, Respondents thereunto; and that they may have Copies thereof; and shall and are hereby required to put in their Answer, or respective Answers to the said Appeals in Five Weeks.

Sir William Barker versus Letitia Barker & al.

The House being informed, "That Two Persons attended, with several Papers and Pleadings on both Sides, to be made Use of on hearing the Cause wherein Sir William Barker Baronet is Appellant, and Letitia Barker, Darby Egan and Thomas Ivers Esquires, are Respondents; and desired now to prove the same to be true Copies:"

Thereupon Mr. Wall and George Clanchy were severally called in; and delivered, at the Bar, the said several Papers and Pleadings; and severally attested, upon Oath, "That the same were true Copies; they having examined them with the Originals in the proper Offices in Ireland."

And then they withdrew.

The House was adjourned during Pleasure, to robe.

The House was resumed.

King present.

His Majesty, being seated on His Royal Throne, adorned with His Crown and Regal Ornaments, and attended with His Officers of State; the Prince of Wales, in his Robes, sitting in his Place on His Majesty's Right Hand; the Lords being also in their Robes; the Gentleman Usher of the Black Rod received His Majesty's Commands, to let the House of Commons know, "That it is His Majesty's Pleasure, they attend Him immediately, in this House."

Who being come; with their Speaker; he, after a short Speech to His Majesty, delivered the Money Bill to the Clerk Assistant; who brought it to the Table; where the Clerk of the Crown read the Title of that and the Titles of the other Bills to be passed, severally, as follow; (videlicet),

Bills passed.

"1. An Act for repealing certain Duties therein mentioned, payable upon Coffee, Tea, Cocoa Nuts, Chocolate, and Cocoa Paste, imported; and for granting certain Inland Duties in Lieu thereof; and for prohibiting the Importation of Chocolate ready made, and Cocoa Paste; and for better ascertaining the Duties, payable upon Coffee, Tea, and Cocoa Nuts, imported; and for granting Relief to Robert Dalzell late Earl of Carnwath."

To which Bill the Royal Assent was pronounced, in these Words; (videlicet,)

"Le Roy remercie ses bons Sujets, accepte leur Benevolence, et ainsi le veult."

"2. An Act to prevent Multiplicity of Prosecutions upon an Act made in the Eleventh and Twelfth Years of the Reign of His late Majesty King William the Third, intituled, An Act for the more effectual employing the Poor, by encouraging the Manufactures of this Kingdom."

"3. An Act for continuing Acts for preventing Theft and Rapine upon the Northern Borders of England; and for better regulating of Pilots, and for regulating the Price and Assize of Bread; and for better Encouragement of the making of Sail Cloth in Great Britain."

"4. An Act for explaining the Law concerning the Trial and Admission of the Ordinary Lords of Session."

"5. An Act for the better viewing, searching, and examining, all Drugs, Medicines, Waters, Oils, Compositions used or to be used for Medicines, in all Places where the same shall be exposed to Sale, or kept for that Purpose, within the City of London and Suburbs thereof, or within Seven Miles Circuit of the said City:"

"6. An Act for enlarging the Times for hearing and determining Claims by the Trustees for raising Money upon the Estates of the late Directors of the South Sea Company and others; and for reviving and continuing the Provision formerly made, against requiring Special Bail, in Actions or Suits upon Contracts for Stock or Subscriptions, between the First Day of December One Thousand Seven Hundred and Nineteen, and the First Day of December One Thousand Seven Hundred and Twenty; and for other Purposes therein mentioned."

"7. An Act for encouraging the Greenland Fishery."

"8. An Act to explain and amend an Act passed in the Sixth-Year of His Majesty's Reign, intituled, "An Act for ascertaining the Breadths, and preventing Frauds and Abuses in manufacturing Serges, Plaidings, and Fingrums; and for regulating the Manufactures of Stockings, in that Part of Great Britain called Scotland," so far as the same relates to Serges."

"9. An Act for repairing the Road leading from Dunchurch, in the County of Warwick, to the Bottom of Meriden Hill, in the same County."

"10. An Act for repairing the Roads leading from Stump Cross, in the Parish of Chesterford, in the County of Essex, to Newmarket Heath, and the Town of Cambridge, in the County of Cambridge."

"11. An Act for amending the Roads from The Stones End in Southwark, to Highgate, at the Entrance of Ashdown Forest, in the Parish of East Grinsted, in the County of Sussex, and from Kingston to Burton Common, and also the Lane leading from Woodbatch to Sidlow Mill, and the Lanes called Horsehills, Bonehurst alias Boners, and Peteridge Lanes, in the County of Surrey, by enlarging the Terms granted by Two former Acts, One of the Fourth, and the other of the Sixth Year of His Majesty's Reign."

To these Bills the Royal Assent was severally pronounced, in these Words; (videlicet,)

"Le Roy le veult."

"12. An Act for adding the Surname of Tylney to the Descendants of the Right Honourable William Lord Craven and Anne his Wife, sole Daughter and Heir of Frederick Tylney Esquire."

"13. An Act to enable His Majesty to grant the Inheritance of certain Lands and Tenements, in or near Deptford, in the County of Kent, to Trustees, upon Trust, for Sir John Evelyn Baronet and his Heirs, upon a full Consideration to be paid for the same."

"14. An Act to enable Sir Geffery Palmer Baronet and Robert Palmer Esquire, and the Survivor of them, together with Thomas Palmer Esquire, to convey and settle several Manors and Lands, in the Counties of Leicester, Northampton, and Lincoln."

"15. An Act for allowing to Thomas Pagett Esquire, out of Fourteen Thousand Pounds vested in Trustees by an Act of Parliament for Sale of his Wife's Estate, the Sum of Four Thousand Pounds, upon the Considerations therein mentioned."

"16. An Act to settle the Estate of Sir Henry Atkins Baronet, according to the Intention of Articles made before his Marriage with Dame Penelope his Wife, Daughter of Sir John Stonhouse Baronet."

"17. An Act for explaining the Will of Jacob Knight Esquire, deceased; and charging his Fee Simple Estates with Two Thousand Pounds, and Interest, for the Portion of his Youngest Son Charles Knight."

"18. An Act for vesting the Manor of Coniston Cold, in the County of York; and other Lands and Tenements therein mentioned, in Trustees, to be sold, for Payment of the Debts of Henry Coulthurst Esquire; and for other Purposes therein mentioned."

"19. An Act for vesting certain Copyhold Lands, in the County of Suffolk, late the Estate of Henry Appleton Esquire, deceased, in Trust, to be sold, for Payment of his Children's Portions."

"20. An Act for vesting the Estates of Walter Bagenal Esquire, and his Two Daughters, in the Counties of Dublin and Meath, in the Kingdom of Ireland, in Trustees, to be sold, for Payment of the Debts charged thereupon; and raising Portions for the said Daughters."

"21. An Act to enable John Howe of Stowell in the County of Gloucester Esquire to sell the Manor or Lordship of Ellerton, alias Ellerton upon Swale, and all other his Lands and Hereditaments, in the County of York, comprized in his Marriage Settlement; he having settled other Lands and Hereditaments, in the County of Gloucester, of greater Value, to the same Uses, in Lieu thereof."

"22. An Act to enable Hugh Viscount Falmouth and Richard Edgecumbe Esquire to take, in Great Britain, the Oath of Office, as Vice Treasurer and Receiver General and Paymaster General of all His Majesty's Revenues in the Kingdom of Ireland; and to qualify themselves for the Enjoyment of the said Offices."

"23. An Act to enable George Dodington Esquire to take, in Great Britain, the Oaths of Office, as Writer of the Tallies and Counter Tallies, and Clerk of the Pells, in the Receipt of the Exchequer in the Kingdom of Ireland; and to qualify himself for the Enjoyment of the said Offices."

"24. An Act to naturalize John Wern."

"25. An Act to naturalize John Van Rixtell and Ludolff Schaart."

To these Bills the Royal Assent was severally pronounced, in these Words; (videlicet,)

"Soit fait comme il est desiré."

Then the Lord Chancellor, on his Knee, received a Paper from His Majesty.

And, being returned to his former Place at His Majesty's Right Hand, His Majesty spake as follows:

"My Lords, and Gentlemen,

"I have given Order to my Lord Chancellor, to declare to you, in My Name and Words; the Reasons of My coming this Day to Parliament."

Then the Lord Chancellor said,

"My Lords, and Gentlemen,

His Majesty's Speech.

"I have received His Majesty's Commands, from the Throne, to declare to you, in His Majesty's Name and Words, the Reasons of His Majesty's coming this Day to Parliament, as follows:

"My Lords, and Gentlemen,

"The Unanimity, Chearfulness, and Dispatch, with which you have now finished every Thing I recommended to you at the Opening this Session, are fresh Instances of your Affection to My Person and Government; and cannot fail of contributing, with the Blessing of God on our Endeavours, towards the Establishment of that happy Tranquillity we now enjoy both at Home and Abroad.

"Your continuing the like National Force by Sea and Land, this Year, as was judged necessary by Parliament for the Service of the last, gives Me great Satisfaction: You have thereby wisely provided against the Mischiefs from any sudden Shocks to Public Credit; you have provided for the Safety of the Kingdom; and have enabled this Nation to hold, among the Powers of Europe, the Rank and Figure due to her Honor and Dignity. Nothing could have been more acceptable to Me, than your having been able to make that Provision without laying any new or additional Burthens on My People.

"Gentlemen of the House of Commons,

"I return you My Thanks, for the Care and Pains you have taken, towards augmenting the Sinking Fund, and improving the Public Revenues, by putting them under a stricter Management: I make no Doubt but that the happy Beginning you have made will be attended with such immediate good Consequences, as will encourage you to pursue the Way you have now opened, for a gradual Reduction of the Debt; and for putting the Trade and Navigation of Great Britain on such a Foot, as may not only in some Measure discourage the unjustifiable Encroachments they labour under from some of our Neighbours, but at the same Time extend her Exportations beyond what has been known in former Ages.

"My Lords, and Gentlemen,

"As the early Recess, which your Diligence and Unanimity has procured you, affords you the Opportunity of a longer Retirement into the Country than the Business of former Sessions has usually allowed of; I assure Myself, that you will carry with you thither the same Zeal for the Public Good, with which you have been animated in Parliament; and that you will make it your Business to discountenance any Remains there may be yet left of Sedition or Disaffection; and to promote that perfect Harmony and Considence between Me and My People, which I most earnestly desire, and on which our mutual Happiness entirely depends"

Then the Lord Chancellor, on his Knee, received His Majesty's further Commands.

And, being returned to his former Place, his Lordship said,

Parliament prorogued.

"My Lords, and Gentlemen,

"It is His Majesty's Royal Will and Pleasure, that this present Parliament be prorogued to Thursday the Fourth Day of June next, to be then here held: And this Parliament is accordingly prorogued to Thursday the Fourth Day of June next."